Chief Justice of India (CJI) B.R. Gavai, speaking at the LCIA International Arbitration Symposium in London, outlined four key reforms he would implement in India’s arbitration regime if granted a “magical wand”:

Finality of Arbitral Awards: CJI Gavai emphasized that arbitral awards should be conclusive and not lead to prolonged litigation. He stated, “The award should be the last word, not an invitation to round two in court,” except in cases of manifest injustice.

Institutional Arbitration as the Norm: He advocated for institutional arbitration to become the standard practice, highlighting that institutions bring structure, credibility, and discipline to the arbitration process.

Elimination of Tactical Delays: CJI Gavai criticized the use of procedural tactics that extend arbitration timelines unnecessarily, turning a 12-month process into an “epic saga.” He called for measures to prevent such delays while maintaining due process.

Increased Diversity of Arbitrators: He stressed the importance of expanding the pool of arbitrators to include diverse backgrounds, stating that diversity leads to better outcomes and ensures that justice is not delivered by a “closed club.”

These proposed reforms aim to enhance the efficiency, credibility, and inclusivity of India’s arbitration system.

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